Daniel R. Leavell and Eva Lovene Leavell - Page 14

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                 Section 1.165-9(a), Income Tax Regs., provides that a loss                               
            sustained on the sale of a residence used by a taxpayer as his or                             
            her personal residence up to the time of sale is not deductible                               
            under section 165(a).  Harris v. Commissioner, T.C. Memo. 1982-                               
            410, affd. on other issues 745 F.2d 378 (6th Cir. 1984).                                      
                 In light of the evidence indicating petitioners' personal                                
            use of this residence, we sustain respondent's disallowance of                                
            this claimed loss.  The fact that petitioners may have worked in                              
            the vicinity of this residence at the offices of LCOR does not                                
            convert petitioners' personal use of this residence into business                             
            use.  Further, petitioners' alleged rental of this residence to                               
            their son in 1984 does not qualify the 1986 sale of the residence                             
            as a sale of business property.  We sustain respondent's                                      
            adjustment on this issue.                                                                     

            Gain on Transactions Relating to Christa Oil Co. Stock                                        
                 On November 26, 1985, Eva sold back to Christa Oil Co.                                   
            (Christa Oil), a closely held family company, 333 shares of                                   
            Christa Oil stock.  In exchange, Eva received from Christa Oil                                
            $100,000 in cash and a partial interest in three oil leases.                                  
                 Petitioners state that Eva's tax basis in the 333 shares of                              
            stock sold to Christa Oil was $333.  On petitioners' 1985 joint                               
            Federal income tax return, petitioners reported a capital gain of                             
            $647,973 relating to the sale of this stock.                                                  







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